Lawyers *#@#

[tanka.50]

What is the name of your state (only U.S. law)?

New York

Messed up "big time"!!!

Res judicata: Would it be best to file a new claim or appeal adding new evidence to support my old one to have it reevaluated?

 

[JETX]

Messed up "big time"!!!

Res judicata: Would it be best to file a new claim or appeal adding new evidence to support my old one to have it reevaluated?

Res judicata is a DEFENSE to be asserted at the applicable suit. It is not a 'new' action.

 

[latigo]

The principle of “res judicata” (the thing is finally decided) prevents just what you appear to be contemplating. Which is the filing of successive lawsuits over the same subject matter.

If that principle applies to you particular situation it means that the rights of appeal have been exhausted.

And even if the time for filing an appeal has not expired, the appellant CANNOT supplement the appeal with “new evidence”. The appellate court can only review the evidence produced before the trial court. It is not a fact-finding tribunal.

There is a limited process whereby a case can be timely reopened for the purposes of introducing additional evidence. But generally the moving party must show that the evidence was not available at the time of trial and could not have been secured with due diligence.

AND that the evidence is relative and of such probative nature as to affect the court’s findings.